No Win No Fee* Lawyers Perth

What "no win no fee*" means

A no win no fee* arrangement (formally, a conditional costs agreement) means you do not pay our professional fees unless your claim is successful. It lets you get advice and representation without having to fund the claim as it progresses.

What counts as a "successful outcome" is defined in the written costs agreement you sign before we start work. Usually that means receiving a settlement or an award of damages. If your claim succeeds, our professional fees are then payable, generally from the settlement or damages you receive.

If your claim is not successful, you are not charged professional fees for the work we have done on your case.

What it does not cover

This is the part worth reading twice. No win no fee* relates to our professional fees (our own time). Two things sit outside it:

• disbursements — expenses paid to others to run your claim; and
• the other party's legal costs, if your matter goes to court and loses.

Disbursements include things like medical report fees, court filing fees and barristers' fees. They are not covered by the no win no fee* arrangement, so we tell you what they are likely to involve before you commit.

If your matter goes to court and is unsuccessful, the court may order you to pay some of the other party's legal costs. Costs orders of that kind are not covered either. We explain both of these matters to you, in plain English, before you decide to proceed.

How our legal costs are calculated

Our legal costs depend on the circumstances of your matter, and we explain them in your initial consultation. Two rules apply in every matter, whatever your claim looks like.

In workers' compensation matters, the maximum legal costs that can be charged are fixed by the WorkCover WA costs determination. In common law personal injury claims, applicable legal costs determinations also regulate recoverable costs. We will explain how these apply to you.

When a settlement is negotiated, we also generally negotiate for the insurer to pay a contribution towards your legal costs and disbursements. That reduces the portion of legal costs payable by you.

Your costs agreement and your rights

If we act for you on a no win no fee* basis, the law requires that your costs agreement:

• is in writing and in plain language;
• sets out what counts as a successful outcome in your matter;
• is signed by you; and
• confirms you were told of your right to seek independent legal advice.

You will also receive costs disclosure – how our fees are calculated, plus an estimate of your total legal costs, updated if things change significantly. You should never be guessing at what your claim is costing you.

When we can offer it

We offer no win no fee* arrangements for:

• workers' compensation claims;
• motor vehicle accident claims;
• other personal injury claims, such as public liability; and
• industrial disease claims.

No win no fee* arrangements are not available for family law matters, because the law does not permit conditional fee agreements in family law proceedings. Each claim type runs differently – our workers' compensation and personal injury pages set out what is involved.

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*Conditions apply. Whether we can offer a no win no fee arrangement depends on an assessment of your claim, and the arrangement is subject to the terms of our written costs agreement, including in relation to disbursements and any costs payable to other parties. Compensation claims also carry strict time limits in WA, so it pays to ask early.

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